jon: the fact that rubio is chosen for that very high-profile response, that state of the union response. >> yes. jon: the fact that these eight senators from both parties are sort of, you know, at loggerheads with the president to some degree on immigration reform. that's kind of interesting. >> president obama would be smart to bring rubio in the fold and get something done. so you have to question why hasn't he reached across? jon: this is president who wants to burnish his legacy. that is all he is running for now or all -- >> seems that way, jon. seems that way. i think choosing rubio to give the response at state of the union, remember bush got 45% of latino vote and we lost this election, we lost 7% of latinos in this election. i think this is great start. jon: angela mcglowan, fox news analyst. >> nation for having me. jenna: a police officer is suing for overtime pause of his blackberry, claiming he has been putting in a whole lot of overtime work dealing with all this work-related e-mailing and calling on his time off. does he have a case? do we all have a case? should we all b